Lovejoy v. Bessemer Waterworks Co.
Supreme Court of Alabama
Appeal from .Bessemer City Court. Heard before Hon. B. O. Jones. Action by Cf. M. Lovejoy against the. Bessemer 'Waterworks Company. From a judgment in favor of defendant, plaintiffs appeal.
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Appeal from .Bessemer City Court. Heard before Hon. B. O. Jones. Action by Cf. M. Lovejoy against the. Bessemer 'Waterworks Company. From a judgment in favor of defendant, plaintiffs appeal. The complaint in this ease, contained two counts, as follows: “Plaintiff claims' of the defendant $10,000 as damages, for that heretofore, to wit, on the 19th day of March, 1902, the defendant operated the waterworks system for supplying water to the fire plugs of the city of Bessemer for extinguishing fires, under a contract with the city of Bessemer by the terms of which the defendant bound itself to…
1Opinion of the CourtWeakley, C. J.
The. overwhelming weight of authority is against the right of the plaintiff to maintain this action. The reason why he may not do so is that there is a want of privity between him and the defendant which disables him either from sueing for a breach of the contract or for the breach of duty growing out of the contract. It is impossible at this late day to say anything new upon the subject, and it would be affectation to attempt any elaborate discussion of the question involved. The reasoning which leads to the conclusion may be found in many, if not all, of-the following cases, which have been…
2Cases cited21 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Paducah Lumber Co. v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harris v. Board of Water and Sewer Com'rs of City of MobileSupreme Court of Alabama · 1975
- Anderson v. Howard Hall CompanySupreme Court of Alabama · 1965
- Trustees of Jennie DePauw Memorial Methodist Episcopal Church v. New Albany Water WorksIndiana Supreme Court · 1923
- Fite v. PearsonSupreme Court of Alabama · 1926
- Gulf Compress Co. v. Harris, Cortner & Co.Supreme Court of Alabama · 1908
18 more not listed; retrieve them via the Exa API.